448 Pa. 400 | Pa. | 1972
Lead Opinion
Opinion by
This is an appeal from a decree of the Orphans’ Court Division of the Erie Common Pleas Court. This decree sustained appellee’s objections to an account and
The testator Donald J. Snyder died on May 23, 1970. His will, executed on January 5, 1967,
“Jan. 5/67
“All previous statements and codicils are void. I, Donald Snyder, being of sound body and mind do hereby leave the bulk of my estate less $2000 which is to go to Donald Bull who now lives on Hirsh Road. The money in the credit union and in the banks and my stocks all go to my mother. In case of her death they all go to my niece Mary Lou Britton and my nephew David Florek. This is to be divided equally among the two. My automobile, if I own one at this time, goes to David Florek. My burial sum from my social security goes to St. Stephens Lutheran Church. The money from my insurance policies pays for my funeral. If there is anything left after this it goes to the children of Mary Lou & David.
Jan. 5, 1967
Donald Snyder /s/
“I hereby will $1000 of money to Gladys McClelland.”
Appellants, the grandnephew and grandniece of testator, are the “children of Mary Lou & David” to whom the testator refers in his will. Appellants argue that the sentence of testator’s will immediately preceding the signature constitutes a general residuary clause. The appellee in this case is Elmer E. Snyder, father of
If the portion of the will in question is regarded as a general residuary clause, the property not specifically disposed of by the will would pass to appellants. However, if the sentence of the will immediately preceding the signature is regarded as a specific residuary clause, a partial intestacy would be created, and the property in question would pass to appellee under the intestacy .laws.
The orphans’ court found that the testator intended the sentence of the will immediately preceding the signature as a specific residuary clause, directing that appellants should receive only whatever remained from the proceeds of testator’s insurance policies, after those proceeds were employed to pay for testator’s funeral. Keeping in mind our oft-repeated holding that “the findings of fact of the auditing judge, sitting as a chancellor, which are based on competent and adequate evidence are controlling . . . [on] appellate review,”
In finding that the testator intended the last sentence of the body of his will as a specific residuary clause, the orphans’ court reasoned: “[I]t is easily seen
The orphans’ court also advanced an additional and perhaps even more compelling reason for its finding that the testator intended the sentence immediately preceding the signature as merely a specific residuary clause. The court reasoned: “The audit statement disclosed that the insurance policies in question totaled Nineteen Hundred One and 14/100 Dollars ($1,901.14), which indicates that the decedent wanted these particular funds used to pay for his funeral expenses and the balance of said funds not so used he bequeathed to said minors. If he intended that all his other assets were to go to said minors; i.e., an amount in excess of Ten Thousand Dollars, he would not have written ‘If there is anything left. . . .’ (underscoring by the court). Obviously he was referring to a small amount—anything left of his insurance money not used for the payment of the funeral bill.”
We believe that the testator’s use of the word “bulk”, and his employment of the word “if”, constitute competent and adequate evidence of decedent’s intent that the last sentence of the body of his will be a specific residuary clause.
Accordingly, the decree of the orphans’ court is affirmed. Each party to pay own costs.
Pile will was written out by decedent’s mother and signed by decedent.
Faller Estate, 407 Pa. 73, 77, 180 A. 2d 33, 35 (1962) (quoting from Paxlinko Estate, 399 Pa. 536, 541, 160 A. 2d 554, 557 (1960)); see Snyder Estate, 363 Pa. 398, 397, 84 A. 2d 318, 321. (1951).
Dissenting Opinion
Dissenting Opinion by
This appeal presents the often difficult problem of construing a will written by a layman. The Court accepts the lower court’s determination that the will of the decedent did not dispose of all of his property, and that he therefore died intestate as to the balance. In so holding, the Orphans’ (hurt Division found that the will contained no residuary clause. I am unable to agree, and respectfully dissent.
Towards the end of his will the testator made the statement, perhaps intended as an instruction, that “money from my insurance policies pays for my funeral.” The next and concluding sentence provides “If there is anything left after this it goes to the children of Mary Lou and David” (the appellants).
The learned court below felt that it was “obvious” that the decedent did not intend the last sentence to be a residuary clause. He thought it clear that it referred only to any excess of insurance money after paying funeral costs. As I view the will, written as it is in-artistically and without paragraphs,
This Court’s opinion in Bricker’s Estate, 335 Pa. 300, 6 A. 2d 905 (1939), seems to me to be persuasive in the case at bar. There the question was whether the words “The balance, if any, to be divided into ten equal parts between” ten named persons related only to the immediately preceding bequest, or constituted a residuary clause to the entire will. Speaking' for the Court in holding for the latter alternative, Mr. Justice, later Chief Justice, Steen said: “A residuary clause is one which covers all of the estate not disposed of after providing for debts and particular legacies and devises. No technical mode of expression is necessary to constitute such a clause. ‘Balance’ is the vernacular for the legal phrase ‘rest, residue and remainder’: see Thompson’s Estate, 237 Pa. 165, 169; Taylor’s Estate, 239 Pa. 153, 163. The word ‘balance’ in the fifth paragraph of this will must be interpreted as meaning ‘balance of the estate’, there being no reason why it should be restricted to the balance of the fund derived from the items mentioned in the third paragraph: see In re Hayes’ Will, 263 N.Y. 219, 188 N.E. 716. Whatever ambiguity exists must be resolved in accordance with the principle that a broad rather than a narrow construction of a residuary clause is favored in order to avoid intestacy, it being presumed that a testator intends to dispose of his whole estate: Fuller’s Estate, 225 Pa. 626, 629; Carson’s Estate, 130 Pa. Superior Ct. 133, 138.” 335 Pa. 303.
The lower court advanced two main reasons for its holding. The first was the use of the tentative word “if” to introduce the last sentence. He thought this could only reflect uncertainty as to the sufficiency of the insurance to cover funeral costs,
The other reason for the lower court’s holding is that it thought the testator had clearly manifested an express intent not to dispose of all of his estate by the use of the word “bulk” in the second sentence. This word, said the court, means “most of”, but not “all”. That this is the common acceptation of “bulk” cannot be denied,
“I hereby leave the bulk of my estate as follows: [i.e., the four specific bequests, plus instruction as to source of funeral expenses.]
“If there is anything left after this [i.e., disposal of the ‘bulk’] it goes to the children of Mary Lou & David.”
It is not necessary to take the position that this is the will’s manifest intent, but it is at least as reasonable as any other interpretation. In short, the will is ambiguous and unclear as to the meaning of “bulk” and as to the scope of the bequest in the last sentence. It is in just this sort of situation that the presumption against partial intestacy is designed to apply; it is in just this sort of situation that extrinsic evidence may be received to show intent. Such evidence may override the presumption, or confirm it. In the case at bar, the latter would have occurred, for the testimony (which the auditing judge felt obliged to disregard) was, in the words of his opinion, “that the decedent and his father [appellee] were not on good terms and that the decedent was friendly to the minor children, Lynn Christine Britton and Brian Lee Florek [appellants]”.
To buttress its holding, the majority relies on the well-known rule that “the findings of fact of the auditing judge, sitting as a chancellor, which are based on competent and adequate evidence are controlling . . . [on] appellate review.” This proposition, however, is not here applicable. It pertains to cases in which the auditing judge, as the trier of fact, is required to hear
I would reverse the decree of the court below and award to appellants the full residue of the decedent’s estate.
The will was written for the testator by his mother, because he had a disabled arm. It is undisputed, however, that the signature to the will is his own. A challenge of the testator’s father, appellee herein, to the validity of the will was withdrawn in the lower court.
The excess of insurance over funeral expenses was $861,
The inventoried value of the decedent’s estate was approximately $33,400. Of this sum approximately $20,000 consisted of items of property specifically referred to in the will; approximately $13,300 worth of property was not so referred to, and are the assets here in dispute. Of the unspecified property, the major portion was real estate valued at $10,300. At the time the will was executed, the real estate was owned by the decedent and his mother as joint tenants with right of survivorship. The mother predeceased the testator, vesting full ownership in him.
But see Roget’s International Thesaurus, §50.3 (1950), indicating that “bulk” can mean “the whole of something”.